State Ex Rel. Burg v. City of Albuquerque

On Motion for Rehearing.

BRICE, District Judge.

A petition for rehearnig has been filed upon the ground in substance that there is no law in New Mexico by.which cities may adopt a charter containing the referendum provision quoted in our opinion, except chapter 121, Laws of 1919; whereas in fact the city of Albuquerque was organized and existed as a municipal corporation during all the times of the controversy in question, under chapter 86, Laws of 1917, of which this court should take judicial notice, that according to the opinion of the court in this case, there is no authority for such…